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Q&A - Hukm regarding obeying & disobeying the Ameer of Safar (Travel)

Question: The prophet (saw) said in a hadith reported by Bukhari & Muslim -  "Whosoever obeys me, obeys Allah; and he who disobeys me, disobeys Allah; and whosoever obeys the Amir (leader), in fact, obeys me; and he who disobeys the Amir, in fact, disobeys me." Which Ameer does this refer to and does this obedience apply to the Ameer of Travel or the Ameer of the house or does it apply to the Khalifah alone. If someone disobeys an Ameer of Safar does he by this act disobey Allah and his prophet (saw)? 

Answer:  Firstly, There are two types of Imarah’s. The Imarah Kubra (the Greater Imarah) which is the Khalifah and the Imarah Sugraa or the Imarah Khassah (The lesser Imarah or the private Ameer) which is the Ameers other than the Khalifah i.e the Ameer Khaas such as the Ameer of travel or the Ameer of an army and so on.

The obedience to both the Imarah Kubra and the Imarah khassah is not unconditional rather it has shari limits. The first limitation on both the Imarah’s is presented in the hadith

لا طاعة لمخلوق في معصية الخالق
There is no obedience to the creation in the disobedience of the Creator”.

So, there is no obedience when the Ameer whether the Ameer Aam or the Ameer khaas when they order for a Ma’siya i.e a Haram.

However, the Imarah Kubra i.e Khalifah and his obedience has certain ahkaam (rules) that are different to the ahkaam of other Imarah’s (leadership) and that is the obedience of the Khalifah in both hardship and ease.

The prophet (saw) said

قَالَ حُذَيْفَةُ بْنُ الْيَمَانِ قُلْتُ يَا رَسُولَ اللَّهِ إِنَّا كُنَّا بِشَرٍّ فَجَاءَ اللَّهُ بِخَيْرٍ فَنَحْنُ فِيهِ فَهَلْ مِنْ وَرَاءِ هَذَا الْخَيْرِ شَرٌّ قَالَ نَعَمْ ‏.‏ قُلْتُ هَلْ وَرَاءَ ذَلِكَ الشَّرِّ خَيْرٌ قَالَ ‏"‏ نَعَمْ ‏"‏ ‏.‏ قُلْتُ فَهَلْ وَرَاءَ ذَلِكَ الْخَيْرِ شَرٌّ قَالَ ‏"‏ نَعَمْ ‏"‏ ‏.‏ قُلْتُ كَيْفَ قَالَ ‏"‏ يَكُونُ بَعْدِي أَئِمَّةٌ لاَ يَهْتَدُونَ بِهُدَاىَ وَلاَ يَسْتَنُّونَ بِسُنَّتِي وَسَيَقُومُ فِيهِمْ رِجَالٌ قُلُوبُهُمْ قُلُوبُ الشَّيَاطِينِ فِي جُثْمَانِ إِنْسٍ ‏"‏ ‏.‏ قَالَ قُلْتُ كَيْفَ أَصْنَعُ يَا رَسُولَ اللَّهِ إِنْ أَدْرَكْتُ ذَلِكَ قَالَ ‏"‏ تَسْمَعُ وَتُطِيعُ لِلأَمِيرِ وَإِنْ ضُرِبَ ظَهْرُكَ وَأُخِذَ مَالُكَ فَاسْمَعْ وَأَطِعْ ‏"‏ ‏.‏

It his been narrated through a different chain of transmitters, on the authority of Hudhaifa b. al-Yaman who said:

Messenger of Allah, no doubt, we had an evil time (i. e. the days of Jahiliyya or ignorance) and God brought us a good time (i. e. Islamic period) through which we are now living Will there be a bad time after this good time? He (the Holy Prophet) said: Yes. I said: Will there be a good time after this bad time? He said: Yes. I said: Will there be a bad time after good time? He said: Yes. I said: How? Whereupon he said: There will be leaders who will not be led by my guidance and who will not adopt my ways? There will be among them men who will have the hearts of devils in the bodies of human beings. I said: What should I do. Messenger of Allah, if I (happen) to live in that time? He replied: You will listen to the Amir and carry out his orders; even if your back is flogged and your wealth is snatched, you should listen and obey.

This type of obedience is exclusive to the Khalifah and does not Apply on other temporary Imarah’s which includes the Imarah of travel.

Sheikh Abdul Mohsen Abbad explained this hadith in his Sharh of Sunan Abu Dawood

This imarah does not include matters such as implementation of the Hudood or the lashing and so, this is not from the matters this imarah is concerned with. This Imarah is only concerned with the matters of Safar and the departure and Arrival.

Therefore, the Ameer of Safar cannot force those travelling with him to follow his views in ibadah in Muamalat and so on. Nor can he issue Shari punishments such as the cutting of the Hand or the lashes and so on. Rather his Imarah is limited to the subject of Travel alone and not beyond that, this is because he in origin does not has a Shari' right to preside over any other issue other than the matters of travel.

This subject has been discussed in depth by the scholars under the chapter of Imarah Kubra (the Greater Imarah) which applies to the Khalifa and the Imarah Sughra (The lesser Imarah) which applies to all the private Ameers other than the Khalifah.

Therefore, his obedience is not Wajib (obligatory) in any matter beyond the issues of Safr i.e beyond the issues he is made Ameer over. And his obedience becomes Haram in the situation when he calls for a Mas’iya (Haram).


AbuKhaled AlHejazi





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